49 Fla. L. Weekly D924a PEDRO FUNDORA, etc., Appellant, v. ROBERTO DANGOND, et al., Appellees. 3rd District. Case No. 3D22-1749. L.T. Case No. 20-24948. May 1, 2024. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Warrior Law, P.A., and Liah C. Catanese, for appellant. Boyd Richards Parker & Colonnelli, P.L., […]
Articles
Insurance — Discovery — Depositions — Corporate representative — Privileged information — Claims file — Trial court departed from essential requirements of law by allowing insurer to designate as privileged any file materials reviewed by corporate representative during his deposition testimony and by preventing cross-examination of corporate representative on those materials
49 Fla. L. Weekly D931a ANN HAMILTON, Petitioner, v. CITIZENS PROPERTY INSURANCE CORPORATION, Respondent. 3rd District. Case No. 3D23-1934. L.T. Case No. 23-04397 CC. May 1, 2024. A Writ of Certiorari to the County Court for Miami-Dade County, Luis Perez-Medina, Judge. Counsel: Higgs Law, P.A., and Earl I. Higgs, Jr. (Orlando), for petitioner. Paul R. […]
Civil procedure — Default — Vacation — Service of process — Trial court did not err in granting motion to quash service of process and vacate judicial default where defendant established invalid service by clear and convincing evidence
49 Fla. L. Weekly D929b BLUE AGAVE IMPORTS, LLC, Appellant, v. JONATHAN ALEXIS WEINBERG PINTO, Appellee. 3rd District. Case No. 3D23-1612. L.T. Case No. 22-18863. May 1, 2024. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge. Counsel: Ehrenstein | Sager, and Michael D. Ehrenstein and Latasha N. […]
Civil procedure — Discovery — Cellphone data — Forensic review — Appeals — Certiorari — Trial court departed from essential requirements of the law by requiring a forensic expert to make a complete copy of the entire contents of petitioner’s cellphone to be reviewed by petitioner’s attorney where respondent failed to establish that there was any actual or threatened alteration, deletion, or destruction of data on petitioner’s cellphone, and no less intrusive means to obtain the information sought — Petitioner has a reasonable expectation of privacy in contents of her cellphone and, as such, there needed to be an appropriate showing by respondent and a proper balancing of competing interests by trial court — Requiring the imaging and production of the entire contents of one’s cellphone cannot be justified merely because it is the quickest and most efficient method to obtain the discovery sought — Fact that order required disclosure to petitioner’s own attorney was insufficient, without more, to protect petitioner’s privacy rights
49 Fla. L. Weekly D921a ELIZABETH ROQUE, Petitioner, v. LEWIS SWEZY, et al., Respondents. 3rd District. Case No. 3D23-1836. L.T. Case No. 23-16395. May 1, 2024. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Counsel: Young, Berman, Karpf & Karpf, P.A., and Andrew S. Berman, for petitioner. Armstrong […]
Torts — Premises liability — Slip and fall — Spa — Punitive damages — Trial court did not err in denying motion to amend complaint to assert claim for punitive damages — Evidence failed to demonstrate that defendant engaged in intentional misconduct or gross negligence when it authorized installation throughout the spa of a type of marble flooring that proved slippery
49 Fla. L. Weekly D902b ARIEL FRIEDLER, et al., Appellants, v. FAENA HOTELS AND RESIDENCES, LLC, Appellee. 3rd District. Case No. 3D23-1395. L.T. Case No. 18-27906. April 24, 2024. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge. Counsel: Brodsky Fotiu-Wojtowicz, PLLC, and Alaina Fotiu-Wojtowicz and […]